More vulnerability

Rother DC v Freeman-Loach [2018] EWCA Civ 368 is the latest installment on the interpretation of vulnerability for the purposes of homelessness law, with a sting in the tail about s 204A appeals.  Mr Freeman-Loach suffered from ostoarthritis, anxiety and depression, and, following a couple of strokes (the last in 2013), a speech impediment and […]

A failure to engage – ‘Medical advisors’ on homeless vulnerability

Cherry v LB Tower Hamlets. County Court at Central London, 11th January 2018 This is a s.204 appeal of a ‘not vulnerable’ review decision by LB Tower Hamlets. It is of particular interest because of the consideration of the role and place of the ‘medical advisors’ used by LBTH – Now Medical, and the strong criticism […]

Significantly more vulnerable – how much, or what kind?

Panayiotou v London Borough of Waltham Forest (2017) EWCA Civ 1624 This is an important court of appeal decision on the meaning of ‘significantly’ in Lord Neuberger’s definition of vulnerability under s.189(1)(c) Housing Act 1996 in Hotak v Southwark LBC (2015) UKSC 30, [2016] AC 811 (our report). Lord Neuberger, at 53, said: “Accordingly, I consider that the approach […]

Vulnerability, ‘significantly’ and equality duties

S Butt v London Borough of Hackney. County Court at Central London. 22 February 2016 (PDF of judgment) This was another in a number of county court judgments on section 204 Housing Act 1996 appeals which turned on the question of vulnerability after the Supreme Court decision in Hotak. (Others are here and here). In […]

A compendium of vulnerability cases

Following on from our post on Mohammed v Southwark LBC, here are notes on a further three appeals to the County Court under section 204 Housing Act 1996, all related to decisions on priority need (or lack of it) through vulnerability. Ward v LB Haringey. County Court at Central London. 22 Feb 2016 (not available […]

Vulnerability after Hotak/Johnson/Kanu

I strongly suspect that at some point in the next year we will get at least one Court of Appeal case on the meaning of ‘vulnerability’ in homeless priority decisions after the Supreme Court decision in Hotak v Southwark LBC [2015] UKSC 30  (our note). In the meantime, thanks to the July/August Legal Action Housing: […]

Vulnerability after Hotak – first High Court case?

R (on the Application of Omar) v Wandsworth LBC, (2015) QBD (Admin) (Ouseley J) 11/11/2015 (not on Bailii yet, note of extempore judgment on Lawtel). A tantalising lawtel note on what appears to be the first higher court decision on vulnerability after Hotak/Johnson/Kanu. The actual wording of the judgment would be interesting to know. Ms O […]

Vulnerability – a fresh start

Hotak (Appellant) v London Borough of Southwark (Respondent) Kanu (Appellant) v London Borough of Southwark (Respondent) Johnson (Appellant) v Solihull Metropolitan Borough Council (Respondent) Crisis & Shelter, EHRC, SS for CLG interveners [2015] UKSC 30 The thing about the Supreme Court is that all those years of accrued, encrusted High Court and Court of Appeal […]

Priority through dizziness?

Hussain v London Borough of Hounslow [2010] EW Misc 15 (CC) (01 December 2010) Not sure why this one wasn’t written up in November. I thought we’d covered it, but apparently not. It is worth a look not just on the specific issues but as the pre-amble sets out the relevant statute and case law […]

Vulnerability and incapacity benefit

Mangion v Lewisham LBC only appears on lawtel as an ex tempore judgment on 11.12.08 so if somebody out there has a transcript/better note of the Court of Appeal’s judgment, that would be helpful to understand this decision. What appears to have happened is that Ms Mongian had alcohol and back problems. Lewisham found her […]